STATE OF M P Vs. GOVINDSINGH

JUDGEMENT

(1.) APPELLANT/state has filed the appeal under Section 378 of the Cr. P. C. against the judgment and order dated 16-8-1996 in S. T. 'no. 122/94 by Special Judge Shajapur of the acquittal of the respondent accused from the offence punishable under Section 307/149 and 148 of the IPC and under Section 3 (1) (x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Act ).

(2.) THE prosecution case is that on 29-7-1994 at about 6. 30 p. m. when complainant Ambaram was returning from his field, all the seven accused persons armed with Lathi and Farsa waylaid him and inflicted the injuries to him by Lathi and Farsa on his hand, head and other part of the body. The eyewitnesses of the incident are Rajubai (P. W. 3), Ratan (P. W. 3) and Parwatibai (P. W. 5 ). The FIR Ex. P/1 was lodged by Ambaram in Police Station Shajapur and thereafter he was sent for the medical treatment to the Civil Hospital where Dr. R. C. Sharma (P. W. 6) examined him and found the incised wound on his head and six other injuries and his report, is Ex. P/5. During the investigation, the map of the spot Ex. P/11 was prepared and the Lathi and Farsa were seized from the possession of the accused and after usual investigation, the charge-sheet was filed.

(3.) THE prosecution examined 10 witnesses and Trial Court has held that on account of the contradictions in the statements of the interested witnesses the prosecution case is doubtful hence not proved.